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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can I subpoena my own text messages? I have a divorce

Customer Question

Can I subpoena my own text messages?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have a divorce attorney
JA: Please give me a bit more information, so we can help you best.
Customer: I accidentally deleted all of my messages and I have some that I was going to use in my divorce case, others were sentimental.
JA: Is there anything else important you think the Lawyer should know?
Customer: My husband accused me of a crime i didn't commit and I have texts proving i didnt.
JA: Our top Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Lawyer in on everything we've discussed. You can go back and forth with the Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum, my name is ***** ***** I look forward to assisting you today.

Yes, you can subpoena records held by a third party through a business records subpoena.

However, if you are trying to get your own text messages, it is usually more efficient to simply contact the cell phone company directly and request them.

That way you can identify the records that you want first, then when you send the subpoena, you can tailor it in such a way that you are only requesting the records that you want revealed to all of the parties to the litigation (in a divorce proceeding, it would generally only be to you and your spouse, but a good strategy if you are subpoenaing your own documents is to find out what records you are going to reveal before you actually do it).

One problem you may run into is record keeping - you will need to check with your carrier to determine whether or not they even keep these records (many carriers do not store text messages from their customers), but again, the best way to start all of this investigation is to ask your carrier directly.